page_title: National Defense Authorization Act for Fiscal Year 2012
section_title: Requirement for military custody: Section 1022
hierarchical_section_title: National Defense Authorization Act for Fiscal Year 2012 / Requirement for military custody: Section 1022
caption_attribution_description: English: Detainees at Camp X-Ray Original caption: “Detainees in orange jumpsuits sit in a holding area under the watchful eyes of Military Police at Camp X-Ray at Naval Base Guantanamo Bay, Cuba, during in-processing to the temporary detention facility on Jan. 11, 2002. The detainees will be given a basic physical exam by a doctor, to include a chest x-ray and blood samples drawn to assess their health. DoD photo by Petty Officer 1st class Shane T. McCoy, U.S. Navy.” Español: Detenidos en el Centro de detención de Guantánamo Fotografía: "Detenidos vestidos con overoles naranja sentados en un área de espera bajo la atenta mirada de la policía militar en Camp X-Ray en la base naval de Guantánamo, en Cuba, durante el procesamiento en el centro de detención temporal el 11 de enero de 2002. A los detenidos se les realizará un exámen físico por un médico general, incluida una radiografía del tórax y muestras de sangre para evaluar su salud. Foto del DoD Suboficial de Primera Clase Shane T. McCoy, de la Marina de los EE.UU.". Deutsch: Gefangene im Camp X-Ray, Guantanamo Bay, Kuba Übersetzung der Originalbildunterschrift: „Gefangene in orangefarbenen Overalls sitzen auf einer Wartefläche unter den wachsamen Augen der Militärpolizei im Camp X-Ray auf der Marinebasis Guantanamo Bay auf Kuba, während der Überführung in das temporäre Internierungslager am 11. Januar 2002. Die Häftlinge werden von einem Arzt allgemein untersucht, was eine Röntgenaufnahme des Brustkorbs und Blutproben einschließt, um ihren Gesundheitszustand einzuschätzen. Foto des Verteidigungsministeriums, aufgenommen von Bootsmann Shane T. McCoy, U.S. Navy.“
context_page_description: The National Defense Authorization Act for Fiscal Year 2012 is a United States federal law which among other things specifies the budget and expenditures of the United States Department of Defense. The bill passed the U.S. House on December 14, 2011, the U.S. Senate on December 15, 2011, and was signed into United States law on December 31, 2011, by President Barack Obama.
  The Act authorizes $662 billion in funding, among other things "for the defense of the United States and its interests abroad". In a signing statement, President Obama described the Act as addressing national security programs, Department of Defense health care costs, counter-terrorism within the United States and abroad, and military modernization. The Act also imposes new economic sanctions against Iran, commissions appraisals of the military capabilities of countries such as Iran, China, and Russia, and refocuses the strategic goals of NATO towards "energy security". The Act also increases pay and healthcare costs for military service members and gives governors the ability to request the help of military reservists in the event of a hurricane, earthquake, flood, terrorist attack, or other disaster.
context_section_description: All persons arrested and detained according to the provisions of section 1021, including those detained on U.S. soil, whether detained indefinitely or not, are required to be held by the United States Armed Forces. The law affords the option to have U.S. citizens detained by the armed forces but this requirement does not extend to them, as with foreign persons. Lawful resident aliens may or may not be required to be detained by the Armed Forces, "on the basis of conduct taking place within the United States".
  During debate on the senate floor, Levin stated that "Administration officials reviewed the draft language for this provision and recommended additional changes. We were able to accommodate those recommendations, except for the Administration request that the provision apply only to detainees captured overseas and there's a good reason for that. Even here, the difference is modest, because the provision already excludes all U.S. citizens. It also excludes lawful residents of United States, except to extent permitted by the constitution. The only covered persons left are those who are illegally in this country or on a tourist visa or other short-term basis. Contrary to some press statements, the detainee provisions in our bill do not include new authority for the permanent detention of suspected terrorists. Rather, the bill uses language provided by the Administration to codify existing authority that has been upheld in federal courts".
  A Presidential Policy Directive entitled "Requirements of the National Defense Authorization Act" regarding the procedures for implementing §1022 of the NDAA was issued on February 28, 2012, by the White House. The directive consists of eleven pages of specific implementation procedures including defining scope and limitations. Judge Kathrine B. Forrest wrote in Hedges v. Obama: "That directive provides specific guidance as to the 'Scope of Procedures and Standard for Covered Persons Determinations.' Specifically, it states that 'covered persons' applies only to a person who is not a citizen of the United States and who is a member or part of al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and "who participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners" (see p. 11–12). Under procedures released by the White House the military custody requirement can be waived in a wide variety of cases. Among the waiver possibilities are the following:
  The suspect's home country objects to military custody
  The suspect is arrested for conduct conducted in the United States
  The suspect is originally charged with a non-terrorism offense
  The suspect was originally arrested by state or local law enforcement
  A transfer to military custody could interfere with efforts to secure cooperation or confession
  A transfer would interfere with a joint trial
caption: Detainees upon arrival at Camp X-Ray, January 2002. In May 2006, the UN Committee against Torture condemned prisoners' treatment at Guantánamo Bay, noting that indefinite detention constitutes per se a violation of the UN Convention Against Torture.
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